What Made You Want to Become a Family Law Attorney?
Thank you for asking this question. It comes at a time when I've been thinking about this very subject. I am the first lawyer in my family. I am also,…
Is 50/50 custody likely when the parents live in the same neighborhood?
What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part,…
Who do you pick between a present father and an absentee mother?
Who do you pick, your father who has been there your whole life or your mother who was never there until now and wants custody of you? Assuming that 1)…
What advice would you give to someone who has just started a divorce?
What advice would you give to someone who has just become one of the parties in a divorce proceeding? #1. Know this: divorce law and the divorce process are almost…
Do I have to pay the court to go to trial?
Do I have to pay the court to go to trial? I am a divorce and family lawyer. I was asked this question and was a little surprised that this…
How do you get pet custody after a breakup?
I cannot speak on what the law is in every jurisdiction, but according to Utah (Utah is where I practice divorce and family law), the answers are: If by “breakup”…
Thayne v. Thayne – 2022 UT App 122 – Change of Circumstances
2022 UT App 122 THE UTAH COURT OF APPEALS STEPHANIE THAYNE, Appellee, v. DEVIN THAYNE, Appellant. Opinion No. 20200598-CA Filed November 3, 2022 Second District Court, Ogden Department The Honorable…
Does the statute that enables a spouse to not testify against their spouse carry over into divorce if the alleged crime took place during the marriage?
I don’t know the rules as they apply in different jurisdictions, but I can tell you what the rule is in Utah, where I practice divorce and family law. In…
Can a child who wants to, testify of his/her desires regarding the child custody award?
Am I, as an 11-year-old, allowed to go to court in a situation where my parents are divorced to see if I can get my dad to have full custody…
What can I do if my ex won’t stop taking me to court?!
My ex has been taking me to court for over 4 years to get my joint custody taken away. Her father worked for the courts for 25 years so she…
Why are so many attorneys seemingly against legal separation?
Why are so many attorneys seemingly against legal separation? I truly feel in my circumstance its best for me/us. Is it because they wont make as much money? We have…
How do you change the name on a deed after a divorce?
In Utah (where I practice divorce and family law), there is more than one way to transfer title to the marital home (assuming the parties own a home), but the…
What does temporary custody without prejudice mean?
It means that the child custody order is a temporary, as opposed to a permanent and final, order of the court. Why would a court enter a temporary child custody…
How do I file a response in a divorce if the summons is invalid?
How do I file a response in a divorce if missing the court’s address for filing invalidates the summons? Be very careful getting cute with procedural technicalities. If you were…
Can being a noncustodial parent improve the child-parent relationship?
Can being a noncustodial parent improve the child’s relationship with the noncustodial parent? Recently, a reader on Quora, where I comment regularly, commented on a post of mine with this: …
How long do you pay alimony in Utah?
The law governing the duration of alimony is pretty simple and straightforward: See Utah Code § 30-3-5, subsections (1)(c) and (11)(e): (1) As used in this section: ***** (c) "Length…
Is the Johnny Depp divorce trial actually newsworthy?
The divorce trial wasn’t all that newsworthy or memorable (celebrities divorcing is expected), it’s his defamation trial against his ex-wife that is newsworthy. Why? Although his defamation case is not…
How does employment effect finances in divorce?
Are Couples in which the husband didn’t have a full-time job had a chance of divorcing the following year, compared to couples in which the husband did have a full-time…
Child refuses to exercise shared custody with the stricter parent
Teenager Child (16) refuses to see me after spending a month with my ex. I have 50% custody. What can I do about it? I'm a stricter parent unlike my…
Why do people not complain about people who shouldn’t marry?
Why do people complain about the high divorce rate, but don’t complain about people who shouldn’t marry? There will never be an effective, morally acceptable way to prevent the following…
When are my ex’s things deemed abandoned?
I was awarded the house in the divorce. My ex’s things are still here and he/she won’t pick them up. When are they deemed abandoned? Utah Code § 67-4a-201 provides,…
Why is it so easy to get married, and so hard to get divorced?
Why is it so easy to get married, and so hard to get divorced? Shouldn’t it be the other way around? This is a perceptive question. It would not not…
How can I make my abusive husband divorce me?
Short of holding the proverbial gun to his head (i.e., forcing him to do so against his will), you can’t. While you might contrive to motivate your husband to file…
Should I get sole custody of my children if the dad does not want custody?
Should I get sole custody of my children if their dad does not want to be involved with them? Or try to talk it out before I go through with…
New Laws Affecting Utah Divorce and Family Law in 2022
Here is a summary of new law affecting divorce and family law that was created by the Utah State Legislature in 2022: HB (House Bill) 122 1st Substitute, entitled “Family…
How can I make sure father won’t gain custody?
My husband cheated on me and we're getting a divorce. He begged me not to take his children away, but I want him to suffer. How can I make sure…
How difficult is it to get a divorce from a spouse who has disappeared?
How difficult is it to get a divorce from a spouse who disappeared +10 years back? No note, no trace, no explanation. If you urgently need to remarry, what processes…
What can you do if your ex-husband does not want to pay school fees?
What can you do if your husband does not want to pay school fees for his children when you are divorced? First, it is not necessarily a given that a…
When do courts value the marital estate?
When do courts value the marital estate? At time of separation, or at the time the court enters the Decree of Divorce? This is a question that often causes divorcing…
What is MyCase and why should I care?
MyCase is an online system developed by the Utah State Courts system that you can sign up for free of charge and use in your family law case and certain…
How do you protect your assets from divorce, lawsuits, etc.?
How do you protect your assets from divorce, government confiscation, lawsuits, garnishments, or seizure? Best way: own nothing. The government (in all its forms) cannot seize from you that which…
If you get a divorce but everything is in your name, do you have to split it?
If you get a divorce but everything is in your name, do you get to keep everything or do you have to split it? I will answer your question in…
How much should you trust your lawyer?
The more power to be entrusted, the higher the stakes, the less I trust anyone under such conditions. Many of us find or will find ourselves in a situation where…
My estranged father keeps asking me for money, what do I do?
My parents are divorced, my father has no savings, he didn't work for the entire period of their marriage, we were estranged for a while and now we are back,…
Do you think it’s fair for a non-custodial parent to pay more child support?
Do you think it's acceptable for the non-custodial parent to have to pay more child support because the custodial parent chooses to barely work or not work at all? Generally,…
How do you win a case against your ex for false accusations?
If you find an attorney who knows a sure-fire, fail-safe way to defend an ex-spouse or an ex-boyfriend/ex-girlfriend against “false accusations,” that attorney is likely a multimillionaire because possessing such…
What will the court do if I do not sign a letter sent by my ex-husband?
What will the court do if I do not pick up a letter my ex-husband sent that needs to be signed by me from the courts about his back court ordered alimony…
Can someone legally move out without notice and turn off utilities?
The judge finalized our divorce a month ago. My ex-husband decided to move out without any notice and then he turned off all utilities service. Can he legally do that…
What are two lines of work that fit together well?
What are two lines of work that fit together well? For example, a remodeling contractor and a divorce lawyer. I do not believe a lawyer or client would really want…
Are there experts who can evaluate parental alienation for a custody case?
There are “expert” witnesses for virtually any and every issue in legal actions. Can judges be bamboozled by pseudo-scientific expert witnesses? Without question. Do some judges who know that the…
Can a parent with full custody deny visitation due to unsanitary conditions?
Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for…
Can a 16-year-old child choose not to have visitation with a parent?
Technically, no. Practicably/pragmatically, yes. Technically, a minor child (even a child of 16 years of age) does not have the legal right to choose whether he or she will comply…
How is a narcissist exposed in a court of law?
You’re not asking the best question. First, understand that many divorcing people see their spouses as “narcissistic” because at the time of divorce they tend to see the worst in…
Is it possible to get court transcripts for custody hearings?
Every jurisdiction is different regarding which court hearings are open to the public and whether recordings of their proceedings are available to the public or even to the parties’ themselves. …
Is it easier to get a divorce if you and your spouse have nothing shared?
Is it easier to get a divorce if you and your spouse have no debts, no shared property, and no children? Typically, generally, usually, yes. In the overwhelming majority of…
Can I gain full custody if I’m bipolar?
I don't want anything to do with my child's father. Can I gain full custody if I'm bipolar? First, thank you for being so candid and blunt. This is a…
Would the divorce rate drop if the parties had to see a psychologist first?
What do you think would be the rate of divorce in marriages if psychologists were to be consulted in court by couples before proceeding to see the lawyer for divorce?…
Fox v. Fox 2022 UT App 88 – alimony
Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District…
Can you go back to your ex-spouse after a divorce?
Yes, there is no law (I know of in any jurisdiction of which I am aware, but check in your jurisdiction to be sure) against a divorced couple resuming a…
What are the primary concerns in determining parenting issues? Why?
What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections…
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